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Thread: Placerville, El Dorado Co. Sheriff’s Fight With Feds Over Residents Carrying Guns

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    Placerville, El Dorado Co. Sheriff’s Fight With Feds Over Residents Carrying Guns

    "The fight that has the El Dorado County sheriff planning to revoke a federal agency’s enforcement power in his county is apparently over residents’ rights to carry guns. Cory Ward is an avid outdoorsman who frequents the El Dorado National forest. But he’s concerned this paradise could turn into a police state. “I have felt intimidated,” he said."http://sacramento.cbslocal.com/2013/06/27/el-dorado-sheriffs-fight-with-feds-likely-over-residents-carrying-guns/

    And last week, he pulled the federal officers’ powers to enforce state laws in his jurisdiction, effective July 22.
    Last edited by Nightmare; 07-01-2013 at 12:04 PM.
    I am responsible for my writing, not your understanding of it.

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    Quote Originally Posted by Nightmare View Post
    "The fight that has the El Dorado County sheriff planning to revoke a federal agency’s enforcement power in his county is apparently over residents’ rights to carry guns. Cory Ward is an avid outdoorsman who frequents the El Dorado National forest. But he’s concerned this paradise could turn into a police state. “I have felt intimidated,” he said."http://sacramento.cbslocal.com/2013/06/27/el-dorado-sheriffs-fight-with-feds-likely-over-residents-carrying-guns/
    He has no such authority. States and their political subdivisions have no authority to control what/where/how Federal LEO perform their duties as the relate to Federal law.

    OK, read the article, he "pulled the federal officers’ powers to enforce state laws in his jurisdiction, effective July 22." Do not know state law there and whether he has this authority or not.

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    Quote Originally Posted by notalawyer View Post
    He has no such authority. States and their political subdivisions have no authority to control what/where/how Federal LEO perform their duties as the relate to Federal law.

    OK, read the article, he "pulled the federal officers’ powers to enforce state laws in his jurisdiction, effective July 22." Do not know state law there and whether he has this authority or not.
    Is there a law that says federal agents can carry under federal law? Beats me.

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    Quote Originally Posted by notalawyer View Post
    OK, read the article, he "pulled the federal officers’ powers to enforce state laws in his jurisdiction, effective July 22." Do not know state law there and whether he has this authority or not.
    Correct, he's yanking the ability of the Fed LEOs to enforce State laws within his county.

    Yes, the Sheriff of each county has the authority to grant/revoke this permission.

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    Quote Originally Posted by mjones View Post
    Yes, the Sheriff of each county has the authority to grant/revoke this permission.
    I've been reading California law for a short time only, less than a year, and it is complicated. I cruised the El Do. Sheriff's site hoping to see a press release with a citation to the law. Can you provide it please?
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    Regular Member mjones's Avatar
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    Quote Originally Posted by Nightmare View Post
    I've been reading California law for a short time only, less than a year, and it is complicated. I cruised the El Do. Sheriff's site hoping to see a press release with a citation to the law. Can you provide it please?
    You can find the state side at PC 830.8.

    Here's some of the relevant fed side of the regs:

    5360.11 - State and Local Law Enforcement on National Forest
    System Lands. State and local law enforcement agencies generally
    have the same authorities and responsibilities on National Forest
    System lands as they do elsewhere in their respective
    jurisdictions (16 U.S.C. 480).

    ...Generally, the sheriff or equivalent officer
    has the responsibility for enforcement of local and State laws
    for protecting persons and their property. However, in some
    States, a State police agency or equivalent thereof may have the
    responsibility. (16 U.S.C. 551a).

    5360.33 - State Deputization of Forest Service Law Enforcement
    Personnel. When practical, Special Agents in Charge may
    authorize, under 16 U.S.C. 553, 559d(5), or 559g(c), law
    enforcement personnel to be deputized by State law enforcement
    agencies to aid in the enforcement of State laws (FSM 5303). In
    exercising this authority, the Special Agent in Charge ensures
    that there is an agency basis or interest to be served or gained
    by the deputization so requested. The Special Agent in Charge
    may approve the required memorandum of understanding between the
    commissioning agency and affected units.

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    Thank you. PC 830.8(b) sounds spot on, "Duly authorized federal employees who comply with the training requirements set forth in Section 832 are peace officers ... with the written consent of the sheriff or the chief of police, respectively, in whose jurisdiction the property is situated.
    I am responsible for my writing, not your understanding of it.

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    Quote Originally Posted by mjones View Post
    Correct, he's yanking the ability of the Fed LEOs to enforce State laws within his county.

    Yes, the Sheriff of each county has the authority to grant/revoke this permission.
    If so, that's pretty cool !

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